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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34965
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I am in the army reserves at Fort custer, which I'm told

Customer Question

I am in the army reserves at Fort custer, which I'm told by my nco the base is ran by the National Guard. I have my cpl and my base just recently put up a sign at the front gate saying the carry of a concealed weapon is authorized on this base. But my seargent told me I'm not allowed to and won't take any initiative to actually find out if I can. So I asked my commander and he said he wasn't sure if it was allowed on post or not so he could give me an answer. Well now there's a sign saying it's allowed but nobody can give me a direct answer
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand the question. Are you asking the authority for this (who has the final say on this matter)?

Customer: replied 1 year ago.
The only answer anyone could give me was that even though the base is allowed to concealed carry, since I'm in a reserve unit, out specific building isn't allowed to. I would just like to know if that information is correct. If I'm on a base ran by the National Guard do I fall under the same rules. I mean the post commander clearly authorized it and there's no sign saying "except reserve center" so is that a decision that my company commander can authorize?
Expert:  P. Simmons replied 1 year ago.
This is a commander issue. so is your commander refusing your request to find out?
Customer: replied 1 year ago.
He's not refusing necessarily, he just says he's not sure if we are allowed to. Are reserve bases allowed to carry being that they are federal and not state?
Expert:  P. Simmons replied 1 year ago.

National guard is STATE and not FEDERAL. So if this is a National Guard base...I suspect that state law will apply.

But regardless, the base commander has the final say (this is true regardless of if the property is state, federal or a mixture of both (which is not uncommon)). There is no "blanket" rule...the base commander sets the police, for their base.

And what you are describing, as I have explained, is a "commander" issue. That means, your commander will need to authorize (or seek authorization) for you.

If they refuse to? You could consider going "up the chain of command" to the next commander.

But at the end of the day, your commander needs to be involved in this matter...or you need to go over their head

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.